Yo, Here's the Scoop on Special Leave, Death, and Illness: A Lowdown for Employees
- by: Nina J
- ⏱️ ~ 3 Minutes
Leave for Specific Reasons: Weddings, Deaths, and Illnesses - Leave entitlements for marriage, demise, and illness
Think special leave is only for tragic events like a family member's demise? Think again, buddy! This paid time off from work ain't just for drama queens - it's also available for joyous occasions and routine appointments, helping you avoid burning through those precious vacation days. And the best part? There's no cap on the number of days you can bag each year. But, beware - it can get complex, warns a legal eagle.
The folks in power have thought about this, too. As Till Bender, lawyer from DGB Rechtsschutz GmbH, puts it, "Special leave is in the lawbooks for special family events and personal sh*tstorms. In these instances, special leave is paid." However, these provisions can be overridden by collective bargaining or employment contracts. Companies might have their own regulations on handling special leave, and if they don't, you've got the law on your side, according to our legal pal.
So, When Can I Score Some Special Leave?
According to Bender, court rulings have given us scenarios for special leave that include:
- your own wedding
- offspring wedding bells
- golden wedding anniversary of the 'rents
- baby's arrival
- family funerals
- medical check-ups
- home invasions
- fires
- uninsured car accidents
The length of your time off depends on the event. For a doctor's visit, a few hours might do the trick, says Bender. For family functions, the day of the event usually applies, not just the ceremony itself. The lawyer suggests around 7 to 10 days max per situation.
Oh, and did you know special leave is available for employees taking care of a sick kid or dependent relative? If you've got family in the company, Bender advises using the special leave before grabbing child sickness benefit. With special leave, you get your full salary, while the child sickness benefit is usually 90% of the wage, capped at 120.75 euros (roughly 3k a month). Plus, health insurance covers up to 15 or 30 days (for single parents) annually.
The Care Time Act allows employees up to 10 days of paid special leave to care for a dependent relative in a crisis. Bender defines close relatives as:
- grandparents, parents, in-laws, step-parents
- spouses, life partners, and their siblings
- siblings and their spouses
- grandchildren and your own or foster children, or those of your life partner
Special leave can even be up for grabs for select volunteer activities. As Bender emphasizes, "if you're in deep with a charitable or social cause, it's worth doing some research on potential leave." Educational leave, civic duties, job applications (if you're out of work), or prayers might also get special leave consideration, but it's case-by-case.
How Do I Get My Employer to Greenlight My Special Leave?
When it comes to requesting special leave, our lawyer buddy recommends giving your boss a heads up as early as possible, so they can sort out a replacement if need be. In the event of unforeseen emergencies like a fire or a car crash, a phone call is usually acceptable, as long as it's made ASAP.
A doctor's appointment calls for a simple heads up or presenting your practice appointment card, says Bender. Suspicious bosses, however, might ask for a medical certificate or doc's letter. And don't forget, your boss can't demand you find a doc with evening hours - that's your personal business, champ.
A medical certificate or proof might also be necessary in case of an unavoidable car accident. According to the expert, the boss has the right to request police documents or correspondence with the insurance company. But if you're in the wrong, they can claw back the money you were already paid.
Unlike sick leave, there's no strict limitation on the duration of special leave. "Don't let your boss say, 'You got married this year and your father kicked the bucket, so I ain't granting leave for your sister's wedding!'" Bender explains.
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- Special Leave
- Employer
- Death
- Wedding
- Siblings
Deep Dive: A Closer Look at Special Leave
After sifting through the dataheap, here are a few insights:
- Sick Leave: Employees can take sick leave with a doctor's note. There's no cap on sick days, but frequent or prolonged absences could lead to dismissal if the employer proves the employee's health won't improve and there are no other options[5].
- Carer's Leave: Employees can take up to 10 unpaid working days off to care for family members in urgent need. A care support allowance (Pflegeunterstützungsgeld) can supplement this, if applied for[4].
- Parental Leave: Parents are entitled to maternity leave (14 weeks, 6 weeks pre-birth and 8 post-birth, extendable for premature or multiple births)[2]. Paternity leave is not mandatory but can be negotiated or covered under parental leave schemes.
- Family Events: Other family events like weddings or moving might be covered under company policies or collective agreements.
- Other Personal Misfortunes: While not mandated by law, employers might provide additional paid or unpaid leave for other personal reasons (e.g., moving, bereavement not covered by statutory leave, or other family emergencies) as part of their benefits package[4].
- Annual Leave and Public Holidays: Employees get at least 20 days of annual leave and 9 to 14 public holidays per year, depending on the state[4].
- Notice Periods: Employers must observe specific notice periods when terminating employment, which can vary due to circumstances like disability[3].
- Employees can take special leave for various reasons, including medical appointments, family events such as weddings and births, and personal emergencies like fires and car accidents.
- Companies may offer workplace wellness programs that focus on health and wellness, and these programs could include provisions for special leave to allow employees to attend to personal or family matters.
- Special leave can also be granted for employees dealing with financial issues, as it allows them to take care of dependent family members without worrying about lost wages. This can help them maintain a stable financial situation for their family.
